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Q: I am currently in the middle of a SSA reconsideration that has been going on since February 7. On May 4 , I had a stroke

This led to a diagnosis of Severe Aortic Stenosis, covered by compassionate allowance of disability. I was given about a year" give or take a few months" without two life- saving surgeries. My disability caseworker was notified immediately after diagnosis. 6 weeks later, I find she never... Read more »

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 27, 2022

I am sorry for your issues and the delay in answers, however it is not uncommon in the social security field for a reconsideration to remain pending for 8 to 10 weeks. You should have access to your file online that can advise you where the reconsideration stands. If that is denied, then you... Read more »

1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

EXAMPLE:

The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

1 Answer | Asked in Gov & Administrative Law, Employment Law and Appeals / Appellate Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing?

He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2022

A California attorney could advise best, but your question remains open for four weeks. As a general rule nationwide, judges do not usually communicate with one side in the absence of the other (covered in rules on ex parte communications). One option is to reach out to a California attorney in the... Read more »

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Municipal Law for Hawaii on
Q: Does smoke penetrating homes from neighbors backyard fire, and creating health issues, come under Hawaii nuisance law?
Mark Simonds
Mark Simonds
answered on Jun 25, 2022

An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Gov & Administrative Law for California on
Q: amount awarded for attorneys fees under inverse condemnation

“Attorneys fees for inverse condemnation” was awarded based on real and personal property. Should attorney be including this portion of the award on what their contingency fee is calculated on? As it was awarded to help pay the attorneys to begin with, it seems it should not be included in the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

everything is determined/controlled by your retainer agreement.

for 50 years, mine has said ANY MONEY COLLECTED, which could include Property Damage. However, I do not take any of that, even when we work hard to obtain same.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: If someone poured a drink on my car on state property and there's no damage just sticky. Is there a case? A felony? Etc?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 17, 2022

Possible misdemeanor vandalism or littering. But it would not be worth the trouble of being a witness/victim in Court.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

I’ve spoken with multiple attorneys and they said that, in the state of Utah, it doesn’t matter. If you know the laws, because the courts in Utah believe that if they required intent, then everyone would just lie and say they didn’t know the laws.

Utah gets a lot of tourism, and... Read more »

William Melton
William Melton
answered on Jun 14, 2022

It depends on the law, but the overwhelming majority of crimes have an intent requirement that must be proven. There are some crimes such as DUI that are considered strict liability crimes and the state does not have to prove intent. I don't know what attorneys you're talking to, but I... Read more »

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Fulltime employee not classified as safety, or vested, then medically terminated without a pension. Fair?

Very simple, State of California employees injured on the job, not vested or classified as safety, get medically terminated without a disability pension. This appears to be a equal protection violation.

Neil Pedersen
Neil Pedersen
answered on Jun 8, 2022

The Equal Protection Doctrine is far more complicated than you might expect. While there is not enough in your post to determine if anything unlawful has occurred, I suspect you are going to find that the state had the lawful right to medically terminate you without a disability pension. The... Read more »

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Maryland on
Q: So can I cross unmarked crosswalks and is it illegal to cross the road where there is no crosswalk line?
Scott Scherr
Scott Scherr
answered on Jun 8, 2022

In Maryland, you can cross where there is an unmarked crosswalk. An unmarked crosswalk is an area where roads intersect, but there are no crosswalk markings. If there is a marked crosswalk at an intersection, you must use the marked crosswalk.

1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Government Contracts for Virginia on
Q: A company is refusing to pay me over $9000 that I earned as an independent contractor. What are my options?

The company is a subcontractor under a Prime Contractor who provides medical disability exams for Veterans Affairs. The company claims that the Prime didn't pay them for those particular services, and therefore they are not obligated to pay me for those services either. They haven't... Read more »

Steven Krieger
Steven Krieger
answered on Jun 7, 2022

Yes, you have a few options: 1) send them a demand letter threatening a lawsuit if they don't pay you; or 2) pass on the letter and simply fie a lawsuit. Before doing either, I'd check to confirm that your agreement does not have any language in that conditions your payment on payment... Read more »

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Florida on
Q: Medicaid application took too long to process, now responsible for $1,000 in medical bills for newborn. Can I sue?

I applied for Medicaid coverage for my newborn last month. Because they have taken so long to process the application, I will now be responsible for nearly 1,000 dollars in pediatrician bills. Can I sue the government?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2022

It is unlikely that you would prevail. The government, the federal government in this case, has probably not waived its sovereign immunity.

1 Answer | Asked in Antitrust, Business Formation, Employment Law and Gov & Administrative Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing? He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the issues, but nothing is working. I feel... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2022

It is NEVER proper to directly communicate with a judge by email or any other form of communication. You need to get an attorney involved before you really get yourself in trouble.

Good luck to you.

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for Washington on
Q: Is it legal to film public employees doing or not doing there jobs.

Is it legal to film government employees working or not working? For instance, a park employee sitting in the truck for hours, a utilities employee at Starbucks for hours.

Brad S Kane
Brad S Kane
answered on Jun 2, 2022

Yes, you can take video of public employees in public spaces as long as you are not trespassing to do so. Please note that you cannot record audio without all parties consent, unless they are in a situation where there is no reasonable expectation of privacy.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is there a way to challenge a county ordinance in a court, with the hopes to have it repealed or amended?

The county ordinance prohibits homeowners from having on the property in front, in their own driveway an RV (recreational Vehicle)-county classifies just about all towed vehicles RV's (boat, utility trailer...). Seems a little bit of a Govt overreach. Are there any Fl state statutes that... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 2, 2022

County ordinances can be more restrictive than state statutes as long as the two are not in conflict. Most counties have these ordinances because most homeowners do not want to see recreational vehicles and boats parked in their communities. Challenging a law in court is not an easy or cheap... Read more »

Q: I need to file an appeal on an administrative hearing decision with the NV State Board of Massage Therapy.

I asked what the process was for an appeal and was told I could appeal using NRS233B.130. What type of lawyer do I need?

Tim Akpinar
Tim Akpinar
answered on May 28, 2022

A Nevada attorney could advise best, but your question remains open for three weeks. You could reach out to attorneys who handle government/administrative law (which you've already chosen), education law, professional license/certificate matters, civil litigation, and probably a few other... Read more »

1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: can you be denied from asking to speak with a supervisor or manager if following the chain of command?
Maya L. Serkova
Maya L. Serkova
answered on May 24, 2022

The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: If your ci for a drug task force and dhs comes in and they don't know it and your being drug tested

If your a ci for drug task force and dhs doesn't know it and they want to drug test you but as known you can't blow your cover because then the whole world would know so you react like these individuals and you have to do like they do which is if they say hey hit this you have to so would... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on May 22, 2022

Get your handler to put instructions IN WRITING so IF there are negative consequences you have a built in defense. You may want to hire a private lawyer to assist you as the Cops will hang you out to dry more often than not.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Tennessee on
Q: how to sell a join property in India owned by my aunt and uncle (green cred holder) in USA. uncle died without a will.

the husband and wife is a green card holder in USA . Death certificate of the husband is available. can you please advice what is the procedure in changing the share of the property in India to her(wife) name. Also,this couple has no children.

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

You will need to hire a competent attorney. Heirship determination will be according to the State of death. An interpreter may be needed. India's laws will control the Deed's terms and recordation if a Deed is needed.

1 Answer | Asked in Gov & Administrative Law and Employment Law for South Carolina on
Q: I am a reserve deputy in training in Richland county and a private security company would like to hire me is it lawful?

I just would like to know if there is a possibility to do both because SLED is telling me I’d have to quit my reserve position. Thank you for your time! Have a blessed day!

Rhiannon Herbert
Rhiannon Herbert
answered on May 17, 2022

More information is needed to answer this question. However, if you signed an agreement or contract as a reserve deputy, this is the first place you should turn regarding whether you are permitted to pursue other employment.

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